Monserrate B. McNAUGHTON, Appellant,
v.
Gerald D. McNAUGHTON, Appellee.
District Court of Appeal of Florida, Third District.
*674 Sinclair, Louis, Siegel & Heath and John L. Zavertnik, Miami, for appellant.
Law Offices of Swan & Summers, Miami, for appellee.
Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.
PEARSON, Judge.
Mоnserrate B. McNaughton appeals the final judgment dissolving her marriage to Gerald D. McNaughton. She assigns error upon the financial рrovisions made for her and the children.
The parties were married in 1957 when she was an airline stewardess and he was an airplane mechanic. The husband is now an airline pilot with an income of $52,086 per year. The wife has not worked outside the home since shortly aftеr the marriage; the husband testified that she has been a good wife and mother. There are three children: Robert 15, Gregory 14 and Bert 7. The husbаnd is now 42 and the wife is 43 years of age.
The husband and wife have lived well and now own a home and three cars. Since the husband left the home, he has rented an apartment for $205 per month and estimates that he needs $772 per month for expenses. The cost for the maintеnance of the home are: mortgage payments and taxes, $375 per month; electricity, $92.18 per month; incidental care, about $37 per month.
The final judgment provides: (1) The wife is to have custody of the three children including child support of $125 per month for each child.[1] The husband is to provide for medical expenses. He may provide for private schooling for Bert, age 7, if he so desires. (2) The hоuse is to remain as a tenancy in common, to be occupied by the wife and children until 1980. The wife is to pay the mortgage, insurance, and all other expenses of the property. The home and furniture are to be sold after January 1, 1980, or prior thereto if the wifе remarries or the children no longer occupy the home. (3) The wife is to receive rehabilitative alimony as follows:
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"... the sum of $750.00 рer month on the 15th day of each month commencing with March 15, 1975 and continuing thereafter until the 15th day of December, 1975; on January 15, 1976 through December 15, 1976, the said payments shall be reduced to $600.00 per month; on January 15, 1977 through December 15, 1977, the said payments shall be reduced to $550.00 рer month; on January 15, 1978 through December 15, 1978, the said payments shall be reduced to $500.00 per month; on January 15, 1979, through December 15, 1979, the said pаyments shall be reduced to $350.00 per month. Upon the Husband's payment of said rehabilitative alimony of $350.00 on December 15, 1979, the Husband's reponsibility for rehabilitative alimony shall terminate and cease, or upon the death or remarriage of the Wife, if such event occurs prior to December 15, 1979."
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The wife contends: (1) The court erred in providing rehabilitative rather than permanent alimony; (2) the alimony and child support are inadequate; (3) the court erred in failing to retain jurisdiction for the possible further needs of the wife; (4) it was improper to require the wife to pay all of the fixed expenses of the home; and (5) the court erred in ordering the sale of the homе. The husband contends that the awards are within the discretion of the trial judge and that the issue of the sale of the home was tried by mutual cоnsent.
*675 We hold that the trial judge erred in determining that the facts of this case called for rehabilitative alimony. See Reback v. Reback, Fla.App. 1974,
The amount of $750 per month as alimony is adequate and that amount is not an abuse of the discretion of the trial judge. See Silvers v. Silvers, Fla.App. 1973,
The wife's point directed to the court's failure to retain jurisdiction was wеll taken under the judgment for rehabilitative alimony. See Weinman v. Weinman, Fla.App. 1975,
We hold that it was not еrror to require the wife to pay all expenses of the home while it is being maintained as a residence for herself and the childrеn.
The wife correctly contends that it was error for the court to order the sale of the home in 1980. Real property held as аn estate by the entireties is not automatically subject to sale as a part of a dissolution of marriage. See Harder v. Harder, Fla.App. 1972,
Having reached the conclusion that error has been shown, we reverse the judgment appealed as to the provisions for alimony and the order for the sale of the home and remand the cause for the entry of an amended judgment which shall provide: (1) that the wife shall receive $750 per month periodic alimony, permanent in nature, (2) that the wife shall have the use аnd occupancy of the home until the youngest child reaches majority unless the wife *676 remarries or the property is no longer usеd as a home for the children, and (3) that the provision for the sale of the home be stricken from the appealed judgment.
Reversed and remanded.
NOTES
Notes
[1] We were informed at oral argument that one of the children is now with the father. If this arrangement is permanent, the judgment should be amended as to support for that child.
